S.I. 2003/2124: further memorandum
from the Department of Health
1. The Committee considered the above instrument
at its meeting on 28 October 2003 and requested a memorandum on
the following points:
(1) Regulation 3(2) refers to the purposes specified
in paragraph (1) but that paragraph does not specify any. Explain
the purposes for which the power of entry is intended to be exercisable.
2. The reference in regulation 3(2) to the purposes
specified in paragraph (1) is an error for which the Department
apologises. It was caused by a change in drafting just before
the Order was made and the phrase should have been removed consequentially
on that change. The power of entry is intended to be exercisable
for the purposes of the Patients' Forum's functions. Examples
might include a visit to a hospital maternity ward about which
patients/the public have complained or a visit to a GP surgery
which the Forum has heard is lacking basic facilities.
3. The Department will amend the provision at the
(2) Verify the references in regulation 6(4) to
paragraphs (1)(a) and (3)(b).
4. The Department understands the query in relation
to regulation 6(4) to be asking for an explanation of the references
to paragraph (1)(a) and (3)(b) in that provision. The Department
intended that where information is confidential and relates to
a living individual (a paragraph (1)(a) case); or is prohibited
from disclosure because the information can identify an individual
(a case to which paragraph (3)(a) applies); but in either case
the information could be anonymised, then the Patients' Forum
is to have the right under paragraph (4) to require the information
to be disclosed in anonymised form. The Department accepts that
the references in paragraph (4) could have been clearer.
5. As requested the Department is forwarding, also
as an electronic version, a copy of the memorandum dated August
2003 relating to these Regulations.